United States Second Circuit

The convictions and sentences of defendants, consisting of an asbestos air monitoring company, five of its employees, and an employee of an asbestos abatement contractor, for fifteen counts of conspiracy, mail fraud, and false statements arising out of a scheme by which the defendants undertook to violate various state and federal environmental regulations and to certify that proper air monitoring had been conducted when it had not, are: 1) vacated and remanded for a new trial as to defendant Certified Environmental Services, Inc., defendant Copeland, and defendant Dunn, where the district court erred in excluding the proffered evidence of these defendants' good faith, the prosecutors committed multiple instances of misconduct throughout the trial, and the prejudice resulting from the district court's erroneous evidentiary ruling and the prosecutors' misconduct was sufficient to violate the defendants' right to a fair trial; and 2) vacated as to the sentences of defendants Allen and Onoff and remanded for resentencing, where the district court erred in calculating the amount of restitution and in calculating the advisory guidelines range.

Appellate Information

• Decided 05/28/2014
• Published 05/28/2014

Judges

• RAKOFF

Court

• United States Second Circuit

Counsel